When deciding the punishment for criminals, they should be sentenced in accordance with the criminal law according to the facts, nature and circumstances of the crime and the degree of harm to society. The e-cigarette on it may be suspected of drugs. Whoever lures or instigates others to take drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. If you are caught selling e-cigarettes, you will be sentenced to three years in prison. E-cigarettes are different from ordinary cigarettes, but they also belong to franchise, monopoly or other restricted items stipulated by laws and administrative regulations.
Operating and selling electronic cigarettes without obtaining a tobacco monopoly retail license not only violates the national tobacco monopoly law, but also touches the law and brings you jail. If you are caught selling electronic cigarettes, you should be investigated for criminal responsibility. E-cigarette is an electronic product that imitates cigarettes and has the same appearance, smoke, taste and feeling as cigarettes. A product that converts nicotine into steam by atomization and other means and allows users to smoke it. However, if it is illegal, reaching a certain amount is suspected of a criminal offence. For example, selling an "on-the-head electronic cigarette" containing synthetic cannabinoids belongs to drug trafficking, and smoking an "on-the-head electronic cigarette" belongs to drug abuse.
1. Whoever commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(3) Other illegal business operations that seriously disrupt the market order.
Two, the crime of illegal business sentencing standards are as follows:
1. If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property.
2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.
legal ground
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.